[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 405 Agreed to Senate (ATS)]
111th CONGRESS
2d Session
S. RES. 405
Reaffirming the centrality of freedom of expression and press freedom
as cornerstones of United States foreign policy and United States
efforts to promote individual rights, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 2, 2010
Mr. Kaufman (for himself, Mr. Brownback, Mr. Casey, Mr. Kyl, Mr.
Feingold, Mr. Webb, Mr. Lieberman, Mr. Specter, Mr. McCain, and Mr.
Cornyn) submitted the following resolution; which was considered and
agreed to
_______________________________________________________________________
RESOLUTION
Reaffirming the centrality of freedom of expression and press freedom
as cornerstones of United States foreign policy and United States
efforts to promote individual rights, and for other purposes.
Whereas Google announced on January 12, 2010, the mid-December 2009 discovery
that it had been victimized by a highly sophisticated and targeted cyber
attack on its corporate infrastructure originating from China that
resulted in the theft of its intellectual property;
Whereas Google also announced it had evidence to suggest that a primary goal of
the attackers was accessing the Gmail accounts of Chinese human rights
activists, and that the evidence revealed separate attempts to penetrate
Gmail accounts of Chinese human rights activists, journalists, and
dissidents in the United States, Europe, and China;
Whereas the targeting of Google is believed to be part of a larger effort to
access the computer networks of at least 34 companies, including major
financial, defense, media, and technology firms and research
institutions in the United States;
Whereas this attack was one in a series of attempts to exploit security flaws
and illegally access computer networks of individuals and institutions
through the clandestine installation of phishing and malware technology;
Whereas the 2009 ``Report to Congress of the US-China Economic and Security
Review Commission'' stated that ``a significant and increasing body of
circumstantial and forensic evidence strongly indicates the involvement
of Chinese state and state-supported entities'' in malicious computer
activities against the United States;
Whereas approximately 338,000,000 Internet users in China represent the largest
population of Internet users worldwide, and the Government of China
employs a sophisticated, multi-layered, and wide-ranging apparatus to
curtail Internet freedom, as detailed in the 2009 ``Freedom on the Net''
report by the Freedom House organization;
Whereas Article 35 of the constitution of the People's Republic of China
guarantees freedom of speech, assembly, association, and publication;
Whereas authorities in China employ legal and economic means to coerce Internet
service providers, web hosting firms, and mobile phone companies to
delete and censor online content and discussions created by Chinese
users;
Whereas the Government of China requires domestic Chinese and foreign companies
with subsidiaries in China, including Google, to adjust their business
practices to allow increased filtering and supervision by the Government
of China, restricting content allowed by technology-based products, and
censoring data available on search engines;
Whereas, in 2003, the Government of China implemented the Golden Shield Project
to control access and information on the Internet on grounds of public
safety, including through protocol address blocking, domain name system
filtering and redirection, uniform resource locator filtering, packet
filtering, connection resets, and other online methods that could amount
to censorship of high-value speech;
Whereas the Government of China frequently blocks United States international
broadcasting by Radio Free Asia (RFA) and Voice of America (VOA),
despite the unimpeded broadcast in the United States of state-run media
outlets in China, China Central Television, and China Radio
International;
Whereas, as of December 1, 2009, China had imprisoned 24 traditional and online
journalists, accounting for nearly 20 percent of all imprisoned
journalists worldwide at that time, according to the annual prison
census of the Committee to Protect Journalists;
Whereas, following riots in the Xinjiang region of China in July 2009, more than
50 Uighur-language Internet forums were closed and communications were
cut in Urumqi, China, and foreign journalists visiting the area were
closely monitored by the authorities;
Whereas, during the Summer 2008 Olympics in Beijing, limits were placed on
freedom of expression and media coverage, contrary to previous
commitments made by the Government of China to the International Olympic
Committee;
Whereas ill-defined charges such as ``subversion of the government'' and
``disseminating rumors'' serve as the legal basis to sentence
journalists, bloggers, and others who express or disseminate views
critical of the Government of China; and
Whereas, on January 21, 2010, Secretary of State Hillary Clinton pledged
enhanced United States support for Internet freedom, saying, ``We stand
for a single internet where all of humanity has equal access to
knowledge and ideas. . . countries that restrict free access to
information or violate the basic rights of internet users risk walling
themselves off from the progress of the next century.'': Now, therefore,
be it
Resolved, That the Senate--
(1) reaffirms the centrality of freedom of expression and
press freedom as cornerstones of United States foreign policy
and United States efforts to promote individual rights;
(2) expresses serious concern over ongoing official efforts
in many countries to restrict speech and expression, including
attempts to censor, restrict, and monitor access to the
Internet;
(3) welcomes the diplomatic initiative announced by
Secretary of State Hillary Clinton on January 21, 2010, to
encourage Internet freedom globally by ``supporting the
development of new tools that enable citizens to exercise their
rights of free expression by circumventing politically
motivated censorship. . .with a focus on implementing these
programs as efficiently and effectively as possible'';
(4) condemns the far-reaching cyber attacks allegedly
launched from China against Google, at least 34 other
companies, and numerous individuals discovered in December
2009;
(5) calls on the Government of China to conduct a thorough
review of these cyber intrusions, and to make the investigation
and its results transparent;
(6) pays tribute to the professional and citizen
journalists who persevere in their dedication to report in
China;
(7) urges companies to engage in responsible business
practices in the face of efforts by foreign governments to
restrict the free flow of information by refusing to aid in the
curtailment of free expression; and
(8) calls on the President and the Secretary of State to
develop means by which the United States Government can more
rapidly identify, publicize, and respond to threats against
freedom of press and freedom of expression around the world,
including through support of new and existing censorship
circumvention technology.
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